Racial Equality – Page 3

Are Remedies Discriminatory?

If I started a nonprofit that provided wheelchairs only to crippled people, would I be discriminating against people who aren’t “mobility-challenged”?

If I established a mentoring organization to assist kids who were failing math, would I be discriminating against kids who were doing well in math?

What if I started a foundation focused on–and limited to– helping Black women entrepreneurs? Would that amount to discrimination against Whites and men?

The courts are about to answer that last question.

Each of the efforts I’ve described center on helping a population that demonstrably needs a helping hand: people who cannot walk unaided, kids who struggle with math, Black businesswomen disadvantaged by years of discrimination.

It turns out that the White Wing–aka the Right Wing–strongly objects to efforts to ameliorate that latter disadvantage, seeing such remedial efforts as discrimination against White folks. And our reactionary Supreme Court may well agree with them.

They might be courtroom adversaries, but Arian Simone swears she and the man suing her venture capital firm want the same thing: an America where race does not matter.

The difference is that Simone believes race-specific initiatives like the Fearless Fund are essential to achieving that ideal. Given that Black-owned start-ups secured less than 1 percent of the nation’s VC spending last year, she said, “I can’t stop.”

But the conservative activist driving the lawsuit, Edward Blum, says racial equity is not one-sided. That’s why he insists that the fund’s grant program for Black women is discriminatory, in one of the most-watched civil rights cases since he was on the winning side of the landmark Supreme Court decision that overturned race-conscious college admissions.

In the coming months, a panel on the U.S. Court of Appeals for the 11th Circuit in Florida will decide whether to block the Atlanta-based Fearless Fund from awarding $20,000 grants to Black female-owned businesses while the case is litigated in trial court. The stakes could not be higher, as evidenced by the legal firepower lining up on both sides and the swarm of amicus briefs, illustrating the vastly different interpretations of the nature of discrimination, the role of history in shaping public policy and how civil rights should work in America.

Four years of Donald Trump’s Court appointments have distorted more than just the Supreme Court; two of the three judges on the 11th Circuit panel are Trump appointees, and according to the linked report, have appeared skeptical of the Fund’s argument that its targeted giving is “charitable giving” protected by the First Amendment.

Should Blum’s American Alliance for Equal Rights prevail, the case could have sweeping implications for any race-based initiative in the private sector, particularly grant programs, scholarships and other efforts with monetary benefits, according to observers on both sides of the issue. In less than a year, Blum’s legal nonprofit organization has reached settlements in about a half-dozen cases involving scholarships and fellowships at large law firms, as well as a Texas-based grant program for minority and women entrepreneurs. All agreed to drop racial criteria to resolve the discrimination claims.

The attorney who filed an amicus brief on behalf of the Lawyers’ Committee for Civil Rights Under Law and the NAACP Legal Defense Fund has accused the plaintiffs of “taking the Civil Rights Act of 1866 and trying to turn it on its head, so that it becomes weaponized and undermines efforts to do exactly what the Civil Rights Act was intended to do, which was be remedial and race-conscious.”

The lawsuit is an attack on efforts at remediation. Fearless Fund was established to address what it called “the chasm in venture capital for start-ups run by women of color.” In 2018, the year the Fund was established, businesses headed by Black women received exactly 1 percent of the $131 billion invested that year. Conservatives argue that targeting investments in an effort to level the playing field is anti-business and–horrors!– meant to promote a “liberal agenda.” The lawsuit is part and parcel of the broader backlash against DEI efforts in higher education and the business world. Civil Rights organizations respond that the Fund’s grant program is a form of charitable giving — much like organizations that support people of a certain heritage, such as the Sons and Daughters of Italy in America.

As one commentator has written, the case should trouble people who value the independence of American philanthropic institutions– even opponents of affirmative action and DEI. Fearless Fund grants are awarded by a 501(c)(3) nonprofit foundation that should have the right to target its grant program as it chooses.

Conservatives used to advocate for limits on government intrusion into private behaviors. I guess that was only so long as those private behaviors benefitted White men.

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And The Evidence Mounts….

Yesterday, I posted about the 2018 book How Democracies Die. My “take-aways” were twofold: first, the authors located the source of today’s efforts to install an autocracy in the racism that has long been identified as America’s “original sin,” and second, they identified warning signs of institutional and normative breakdown.

Several things have changed since 2018, of course, and some of those changes have been positive. Biden’s victory in 2020–a resounding popular victory despite the desperate efforts of Trump and MAGA voters to de-legitimize it–and the failure of the much-anticipated “Red wave” in 2022 come immediately to mind. But other signs are more ominous–especially the pathetic acquiescence of elected Republicans to Trump’s and the far-Right’s increasingly public racism, and the unprecedented and blatantly-partisan behavior of members of the judiciary.

Two examples from just the past week.

The Governor of Texas, Greg Abbott, pardoned Daniel Perry, who had been convicted of murder for fatally shooting a demonstrator during a Black Lives Matter protest. Perry had been sentenced to 25 years in prison for killing Garrett Foster in downtown Austin in July 2020. Abbott’s hand-picked Board of Pardons and Paroles voted unanimously in favor of the pardon.

Witnesses at the trial had testified that the man Perry shot had never raised his weapon, and according to court records, in the weeks leading up to the protests, Perry had sent multiple racist messages about protesters, shared white supremacist memes and talked about how he “might have to kill a few people” who were demonstrating. In one, he compared the Black Lives Matter movement to “a zoo full of monkeys that are freaking out flinging their shit.”

Abbot’s pardon sends a strong–and horrifying–message: in Texas, elected officials will protect racists. Even murderous ones.

Then there’s the even more horrifying disclosure that–in the wake of the January 6th insurrection– a “Stop the Steal” symbol flew on Justice Samuel Alito’s lawn.

You need not be a lawyer to share Robert Hubbell’s reaction:

As a Supreme Court justice, Alito has been unapologetic in his efforts to defend Trump’s lawlessness. He has risen to Trump’s defense with gleeful spite and unveiled resentment against those seeking to hold Trump accountable under the Constitution.

On Thursday, the New York Times revealed that Alito’s home displayed an upside-down US flag during the fraught days after the January 6 insurrection. At the time, flying the US flag upside down was a symbol calling to “Stop the Steal” of the 2020 election from Trump. It was a call to insurrection—proudly displayed by a US Supreme Court justice sworn to defend and protect the Constitution. See New York Times, At Justice Alito’s House, a ‘Stop the Steal’ Symbol on Display.

In response to an inquiry from the Times, Alito said, I had no involvement whatsoever in the flying of the flag.
Notably, Alito did not deny the veracity of the photograph of the flag flying upside down on his lawn. He did not deny the symbolism of the upside-down flag. He did not deny that he was aware of its continued presence in front of his house. Instead, he blamed his wife, whom he claimed flew the “Stop the Steal” banner in response to anti-Trump signs in the neighborhood.

Alito’s response to the Times is a lie. He owns the flag. He owns the flagpole. He owns the property on which the flag was displayed. He permitted it to remain on display on his property. He, therefore, did have “involvement” in “flying the flag.” It does not matter that it was his wife who physically raised the “Stop the Steal” banner on the flagpole. Alito’s hair-splitting denial is misleading and incomplete—and therefore false.

As Hubbell notes, this leaves us with a second Supreme Court Justice whose spouse actively supported an effort to prevent the peaceful transfer of power.

Those justices—Alito and Thomas—are currently considering Trump’s presidential immunity defense to the indictment alleging that Trump attempted to subvert the election. Under any reasonable reading of Code of Conduct that applies to Supreme Court justices, Alito and Thomas should have recused themselves long ago (under Canons 2 and 3).

In a very real sense, Americans are still fighting the Civil War. Today’s Confederates are more geographically scattered, and the incidents of bloodshed and violence are being perpetrated by individual MAGA racists rather than by an organized Rebel army, but the White Supremacy beliefs motivating the combatants haven’t changed. More worrisome still, years of partisan efforts to subvert racial and religious equality and the rule of law have led to utterly scandalous, unethical, and judicially-unforgivable behaviors by two Justices of the highest court in the land–a profoundly dangerous institutional breakdown.

This is how democracies die.

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It’s All About Race

I’ve been working my way through the numerous books–both the physical ones and the ones on my Kindle–that have been piling up on my nightstand, and I’ve just finished How Democracies Die. It’s a book that has generated a lot of discussion, for obvious reasons. The two scholars who wrote it in 2018, Steven Levitsky and Daniel Zimblatt, have spent their academic careers focusing on the ups and downs of democratic governments around the globe. That focus has allowed them to draw conclusions about the normative elements that serve as guardrails protecting democratic institutions, and about the signs warning of democratic collapse.

There’s a lot to absorb from the book’s copious descriptions of democratic failures in a wide variety of countries–and the authors make no bones about the reality of the threat to American institutions posed by Donald Trump and the MAGA movement. It’s all pretty grim–and entirely persuasive.

That said, I was particularly struck by one of the book’s central observations–probably because it confirms my strong belief that support for Trump/MAGA is almost entirely rooted in racism.

About halfway through the book, the authors identified two democratic norms that are essential to a functioning democracy: mutual toleration and institutional forbearance. In other words, acknowledging the legitimacy of one’s political opponents, and “forbearing” to abuse or over-use institutional weapons like the filibuster or Mitch McConnell’s legal but shockingly undemocratic theft of a Supreme Court seat. Extreme polarization erodes those norms; as they write, when societies sort themselves into political camps whose world-views aren’t just different but mutually exclusive, toleration becomes harder to sustain.

When the authors analyzed what had allowed America’s politicians to sustain basic democratic norms for a period running roughly from the collapse of Reconstruction through the 1980s, they came to a very troubling conclusion–that during that time period, “The norms sustaining our political system rested, to a considerable degree, on racial exclusion.” To the extent that America operated with bipartisanship and experienced reduced polarization during that extended time period, those outcomes “came at the cost of keeping civil rights off the political agenda.”

In the final paragraph of Chapter Six, they write

America’s democratic norms, then, were born in a context of exclusion. As long as the political community was restricted largely to whites, Democrats and Republicans had much in common. Neither party was likely to view the other as an existential threat. The process of racial inclusion that began after World War II and culminated in the 1964 Civil Rights Act and 1965 Voting Rights Act would, at long last, fully democratize the United States. But it would also polarize it, posing the greatest challenge to established forms of mutual toleration and forbearance since Reconstruction.

That paragraph confirms what a growing body of research has verified–and what any semi-sentient observer can see. The election of Barack Obama unleashed the overt expression of formerly-suppressed hatreds. It seeded the growth of White Christian nationalism, the huge reaction against anything seen as “woke,” the efforts to de-legitimatize efforts at inclusion–and explains the utter inability of most reasonable, non-racist Americans to understand the animus and fury of the MAGA movement.

That paragraph explains so much–as does a sentence in the final chapter, in which the authors concede that it is “difficult to find examples of societies in which shrinking ethnic majorities give up their dominant status without a fight.”

Even a cursory look at the current crop of GOP nominees up and down the various state ballots shows them publicly expressing opinions that would have been met with horror not all that long ago. Anti-Black, anti-Semitic, homophobic…meanwhile, the numerous Republican campaigns expressing hostility to immigration from the south hardly bother to veil their racism.

It’s been a long time since the Civil War. It’s been a long time since the South was able to dismantle Reconstruction. These days, the country’s accelerating social and demographic changes are making it increasingly difficult to maintain the dominance of White Christians. It’s the recognition of–and hysterical reaction to– that reality that explains Trump and MAGA. How Democracies Die warns us of the way that movement threatens not just social peace/tolerance, but the continued operation of America’s democratic institutions.

I keep thinking about that slogan “The South will rise again.”

It did. It’s now called the Republican Party, and How Democracies Die documents a lesson we have yet to learn: the persistence of this country’s deep-seated racism poses an existential threat to human decency, civic equality and the continuation of American democracy.

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Using The Jews

The sudden concern over anti-Semitism being expressed by far-Right politicians is jarring to anyone with even a cursory knowledge of the GOP fringe’s historic hatred. When Christian Nationalists suddenly express a desire to “protect” their Jewish neighbors, it’s not just disconcerting–it’s ominous.

Granted, there has been a sharp and troubling rise in anti-Jewish incidents, and there are good-faith efforts to address that phenomenon. Even those good-faith efforts can be misplaced; as Congressman Jerry Nadler explained in the Washington Post, despite being an observant Jew, a strong supporter of Israel and a member of Congress who has spent a career fighting antisemitism, he voted against the recent Anti-Semitism Awareness Act.

I voted against it, as did several other Jewish members of Congress. While I support the sentiment expressed by its sponsors, this bill does nothing to fight antisemitism in any meaningful way. Instead, it merely tinkers with definitions and could ultimately make investigating antisemitism on campuses more difficult in the future. In addition to trampling the free-speech rights of students and professors, this bill was disingenuously designed to split the Democratic caucus and score cheap political points.

Nadler’s final sentence refers to the fact that the far Right’s sudden, pious concerns over anti-Semitism are anything but good-faith. As the New York Times recently reported, several of the prominent Republicans who have labeled campus protests “Leftist anti-Semitism” have mainstreamed anti-Jewish rhetoric for years.

Debate rages over the extent to which the protests on the political left constitute coded or even direct attacks on Jews. But far less attention has been paid to a trend on the right: For all of their rhetoric of the moment, increasingly through the Trump era many Republicans have helped inject into the mainstream thinly veiled anti-Jewish messages with deep historical roots.

The conspiracy theory taking on fresh currency is one that dates back hundreds of years and has perennially bubbled into view: that a shady cabal of wealthy Jews secretly controls events and institutions contrary to the national interest of whatever country it is operating in.

The current formulation of the trope taps into the populist loathing of an elite “ruling class.” “Globalists” or “globalist elites” are blamed for everything from Black Lives Matter to the influx of migrants across the southern border, often described as a plot to replace native-born Americans with foreigners who will vote for Democrats. The favored personification of the globalist enemy is George Soros, the 93-year-old Hungarian American Jewish financier and Holocaust survivor who has spent billions in support of liberal causes and democratic institutions.

The linked article provided a number of examples, including Trump’s 2023 email to supporters containing “an image that bears striking resemblance to Nazi-era cartoons of hook-nosed puppet masters manipulating world figures.” The Times review found that just in the last year some 790 emails from Trump to his supporters invoked Mr. Soros or “globalists” conspiratorially, a meteoric rise from prior years, and that House and Senate Republicans increasingly used “Soros” and “globalist” to evoke anti-Semitism, “from just a handful of messages in 2013 to more than 300 messages from 79 members in 2023.”

The lengthy Times article provides numerous other examples. An equally in-depth article in The Guardian is titled “Campus protest crackdowns claim to be about antisemitism – but they’re part of a rightwing plan.” The article acknowledged the legitimate discomfort of Jewish students on campus, but noted that it has been used to justify “a powerful attack on academic freedom and First Amendment rights that long predates the student encampments – part of a longstanding rightwing project to curb speech and reshape the public sphere.”

The pro-Palestine movement has also provided cover for the right to expand its attack on protest – a project advanced significantly after the Black Lives Matter protests in 2020….Alongside this effort to tar protest as terrorism, the right is seizing on the emotions inflamed by Israel’s war to make headway in a longstanding offensive on education. Over the past several years, the GOP has sought to meddle in the academic freedom of universities, which they allege are indoctrinating students into “woke”, leftwing ideology. This is perhaps most dramatic in Florida, where, in a bid to control access to history and information, Governor Ron DeSantis has all but remade the public liberal arts college New College in his image, and has introduced the Stop Woke Act, curtailing what teachers can teach on topics of race and gender.

I’d love to believe that Rightwing politicians like Indiana’s Jim Banks have suddenly awakened to the dishonesty and danger of anti-Semitism, but Jews are clearly being used as a convenient tool in their ongoing attack on an open society–and like most Jews, I know that I am only safe in a truly open society.

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Forget The Dog Whistles

This political season, the racism is blatant and unembarrassed. For those of us who had naively thought America was emerging from that particular form of mental illness, the willingness to appeal for votes on the basis of bias–the number of MAGA political commercials identifying the candidate as an “out and proud” bigot–has been astounding.

And heartbreaking.

Here in Indiana, gubernatorial candidates have accused each other of–gasp!–sympathy for Black Lives Matter, which they insist has called for the killing of police. That accusation has been repeatedly debunked–but interestingly, none of the rebuttal ads have defended the organization. Mike Braun, who has been the target of most of those accusations has responded with ads highlighting his support from law enforcement organizations–not by defending the organization against a nasty and purposeful lie. The linked article from the BBC traces the origin of that lie to (where else?) Fox News, and reports on the response from Black Lives Matter:

“We’re targeting the brutal system of policing, not individual police,” the statement reads. “We seek a world in which ALL Black lives matter, and racial hierarchy no longer organizes our lives or yours. This is a vision of love. As Black survivors of White supremacy, our hearts go out to all victims of violence.”

Attacks on Black Lives Matter are, rather obviously, thinly-veiled efforts to paint all Black folks as murderous beasts–and a message to bigoted voters that the candidate making the accusation is one of them. But it isn’t simply the sudden willingness of MAGA candidates to shed any pretense of civility and/or anti-racism. It’s also the creepy identities of those providing the candidates with funds and other support.

Turning Point USA has been in the news several times; it is a far Right advocacy organization that has most recently been identified as a major supporter of Bernie Moreno, the MAGA nominee for U.S. Senate in Ohio.

Moreno wrote that he was “honored to be endorsed by Charlie Kirk and Turning Point Action.” Moreno said that “[f]ew have done more to fight back against the radical left than they have,” and he looks “forward to working with them to defend for our America First conservative values in the US Senate.”

In 2023, Kirk repeatedly featured Moreno as a guest on his popular podcast and consistently promoted Moreno’s candidacy to his 2.9 million followers on X. At the end of 2023, Kirk donated the maximum legal amount of $5,000 to Moreno’s campaign through the Turning Point PAC.

At the same time, Kirk, known for his embrace of fringe views and conspiracy theories, launched a sustained attack on Martin Luther King Jr.’s life and legacy. At a December 2023 convention hosted by Turning Point USA, Kirk said that King “was awful” and “not a good person.” Kirk’s critique extended not just to King himself but to the civil rights movement itself. “We made a huge mistake when we passed the Civil Rights Act in the 1960s,” Kirk declared, trashing the legislation that outlawed segregation in public places and many businesses.

In his convention speech, Kirk blasted the Civil Rights Act of 1964 as an effort to “re-found the county” and “get rid of the First Amendment.” He criticized courts for enforcing the law, which prohibits discrimination on the basis of race, color, religion, sex, or national origin. “Federal courts just yield to the Civil Rights Act as if it’s the actual American Constitution,” Kirk complained.

The article continue with a description of Kirk’s continued and highly publicized crusade against King, against the MLK holiday, and against the 1964 Civil Rights Act. And this is the man and organization from which Moreno “proudly” accepted endorsement.

Turning Point’s crusade against King and the civil rights movement did not appear to impact his relationship with Moreno. On March 14, 2024, Turning Point Action donated $100,000 to the Buckeye Values PAC, Moreno’s Super PAC.

Nor is there any remaining question of Moreno’s own racial opinions:

Moreno himself has also had controversies involving racial issues. When he launched his campaign for Senate, Moreno floated the idea of reparations for white descendants of Union soldiers that were killed during the Civil War. “They talk about reparations. Where are the reparations for the people, for the North, who died to save the lives of Black people?” Moreno said. “I know it’s not politically correct to say that, but you know what, we’ve got to stop being politically correct.”

Bottom line: Every voter casting a ballot for a MAGA Republican this year is either explicitly endorsing racism or indicating that the voter does not consider the “out and proud” racism of the MAGA movement to be disqualifying.

They’re no longer hiding behind dog whistles.

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